EFFECTIVE DATE: May 03, 2020
You agree that by clicking “Yes, I want to start for free now”, “Join Now”, “Join”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with the Company (even if you are using our Services on behalf of others). User agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by User.
This Contract applies to PocketStylist.club, and other PocketStylist-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”). Registered users of our Services are “Members” and unregistered users are “Visitors”.
We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.
1.2 Members and Visitors
When you register and join the PocketStylist Service or become a registered user on 7DaysFashionSchool.com, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
2.1 Service Eligibility
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one PocketStylist account, which must be in your real name; and (3) you are not already restricted by the Company from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for the Company to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
Members are account holders. You agree to: (1) not transfer any part of your account and (2) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
2.3 Payment and Refund
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes (if any). Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
• Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
• We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
• If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes (if any) applicable to that period. To avoid future charges, cancel before the renewal date. To cancel or suspend your Services contact us at email@example.com
• All of your purchases of Services are subject to our refund policy.
• We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
Where we offer you a free trial of PocketStylist Service, such free trial will start immediately after your registration and continue for the free trial offer period as indicated on the pocketstylist.club website at the time you register. Free trial subscriptions are only available to new subscribers of PocketStylist and for the limited periods as set out on the pocketstylist.club website. Previous subscribers or those subscribers who have already benefited from a free trial subscription to PocketStylist do not qualify for a further free trial period.
If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address firstname.lastname@example.org.
If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full membership subscription rate provided at the time of enrollment each month or each year until you cancel.
The Company can change the monthly and yearly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.
If you wish to cancel your PocketStylist subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address email@example.com. For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to PocketStylist.
2.4. Subscription Terms and Automatic Payment
Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly/yearly basis and for a specific amount).
IF YOU ARE A POCKETSTYLIST USER WITH A MONTHLY OR YEARLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY OR YEARLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO POCKETSTYLIST, YOU MAY DO SO BY EMAILING firstname.lastname@example.org AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH OR YEAR.
The Company reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event PocketStylist starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses.
2.4 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
3. Rights and Limits
By submitting suggestions or other feedback regarding our Services to PocketStylist, you agree that the Company can use and share (but does not have to) such feedback for any purpose without compensation to you.
3.1 Service Availability
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for content or information via our Service.
The Company reserves the right to limit your use of the Services. The Company reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services.
3.3 Intellectual Property Rights
The Company reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. PocketStylist logos and other trademarks, service marks, graphics used for our Services are trademarks or registered trademarks of the Company.
3.4 Automated Processing
We use the information and data that you as a Member provide to make recommendations for shopping and other features that may be useful to you. For example, we use data and information about you to recommend shops to you. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
4. Disclaimer and Limit of Liability
4.1 No Warranty
THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The information provided by us on pocketstylist.club (the “Site”) and our communication via What’s App (the “Messenger”) is for general information purposes only. All information on the Site and the Messenger is provided in good faith however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or the Messenger.
4.2 Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS THE COMPANY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), THE COMPANY, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
THE COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO THE COMPANY FOR THE SERVICES DURING THE TERM OF THIS CONTRACT.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and the Company and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if the Company or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
Both you and the Company may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
• Our rights to use and disclose your feedback;
• Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
• Sections 4, 6, 7, and 8.2 of this Contract;
• Any amounts owed by either party prior to termination remain owed after termination.
6. Governing Law and Dispute Resolution
These Terms of Service shall be construed and governed by the laws of the State of California, without regard to the principles of conflict of laws thereof. User agrees and accepts that any legal action or proceeding shall be brought in the federal or state courts for the State of California, County of Ventura, and User expressly waives any objection to personal jurisdiction, venue or forum non-conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims for breach of contract, tort, infringement), User agrees that all such disputes/claims will be resolved by means of a court trial conducted by the superior or district court in Ventura County, California, and User expressly waives any right it may otherwise have to a jury trial.
7. General Terms
Legal notices may be sent to email@example.com
8. The Company “Dos and Don’ts”
You agree that you will:
a Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b Provide accurate information to us and keep it updated;
c Use your real name on your profile; and
d Use the Services in a professional manner.
You agree that you will not:
a Create a false identity on PocketStylist, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
b Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
c Override any security feature or bypass or circumvent any access controls or use limits of the Service;
d Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of the Company;
e Disclose information that you do not have the consent to disclose;
f Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
g Violate the intellectual property or other rights of the Company, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “PocketStylist” or our logos in any business name, email;
h Post anything that contains software viruses, worms, or any other harmful code;
i Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
j Imply or state that you are affiliated with or endorsed by the Company without our express consent;
k Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without the Company’ consent;
l Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
m Monitor the Services’ availability, performance or functionality for any competitive purpose;
n Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
o Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
p Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
q Violate any terms concerning a specific Service that are provided when you sign up for or start using such Service.
9. Force Majeure
Company will not be liable or responsible for any failure to perform or delay in performance of, any of its obligations that are caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions on law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
10. Affiliate Links Disclosures
The Company may receive compensation from the companies whose product we recommend.
11. Contact Us
For general inquiries, you may contact us at firstname.lastname@example.org